In a recent medical negligence claim that concerned a serious birth injury, the East London Circuit Court dealt with a contention on the part of the hospital staff and treating doctor that the mother was aggressive, violent and generally uncooperative during the labour process. The uncooperative patient, they said, significantly impacted their ability to monitor her, to the detriment of the infant child.
In the judgment in Phelekwa Magadlela obo Yibanathi Magadlela v MEC of the Executive Council for Health, Eastern Cape, 1118/2022, the Court accepted that it was reasonable for the doctor to believe that the plaintiff would acquiesce to the fetal monitoring and treatment upon counselling. The decision to perform a caesarean section was arrived at following the plaintiff’s continued aggression and lack of cooperation, together with a suspicious CTG reading which he was later alerted to. This decision was reasonable. The Court found, based on all the evidence, that the mother’s behaviour impeded the medical staff’s ability to detect and prevent the eventual harm to the infant. The claim was dismissed.
Critical to this outcome was the nursing staff’s excellent record-keeping and strong oral testimony. Moreover, when faced with the unreasonable patient, the staff acted reasonably by counselling her on the importance of cooperation and continuing with reasonable attempts to carry out their duties.
